In New Jersey, in light of the family court’s “special jurisdiction and expertise in family matters,” its factual findings are generally accorded substantial deference by the Appellate Division. Cesare v. Cesare, 154 N.J. 394, 413 (1998). Moreover, as a general matter, where a trial court’s findings are “supported by adequate, substantial, credible evidence,” such findings are binding on appeal. Id. at 411-412.
As such, to succeed in an appeal of a family court decision based upon an error of fact, one must generally demonstrate that the court’s findings were “manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice.” Fagliarone v. No. Bergen, 78 N.J. Super. 154, 155 (App. Div. 1963). Conversely, a trial court’s misapplication or misinterpretation of a legal standard is not entitled to any special deference such that the Appellate Division may review same “de novo” (“starting from the beginning” or “anew”).
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